Should Biden be prosecuted for that?
I don't know if that would be prosecutable. Is there a federal law against acting as though you have powers you do not while in office?
I suppose the difference is that having SEAL Team Six kill a political opponent on the President's orders seems like it should be classified as first-degree murder.
We neither want a world where every politician faces investigation for misdeeds after leaving office, nor one where apparently the president can act with impunity with no clear limits at all.
We need a middle path, where prosecution is rare and exceptional but true misdeeds can be punished (and deterred).
I feel like we left behind where we were slightly over-investigating and made a massive overcorrection to the other side for blatantly political reasons.
For a president to be able to conduct "official acts" in self interest, with no obvious limits, is quite concerning.
I think the president should enjoy a weak presumption that official acts are legitimate. But this goes way too far-- prohibiting consideration of motives, prohibiting using them as context or evidence in any other proceeding, and appearing to classify what would be horrible abuses as official acts.